특정범죄가중처벌등에관한법률위반(도주차량)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
Summary of Grounds for Appeal
The sentence of each of the original judgments (e.g., imprisonment with prison labor for 8 months and 2 months: imprisonment with prison labor for 10 months) is too unreasonable.
The balancing of the court below's (e.g., imprisonment with prison labor for 8 months) is too unfortunate and unfair.
The court of the trial of ex officio judgment decided to consolidate each appeal case of the judgment of the court below against the defendant.
The judgment of the court below, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, should simultaneously be sentenced to a single punishment within the scope of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.
In this respect, all judgment of the court below cannot be maintained as it is.
The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the argument of unfair sentencing made by the defendant and the prosecutor, on the grounds of the above ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the original judgment.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (amended by Act No. 1079, Jun. 8, 201; hereinafter the same shall apply), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, Articles 152 subparagraph 1 and 43 of the former Road Traffic Act, Article 230 of the Criminal Act, Article 239 (1) of the former Criminal Act (amended by Act No. 1079, Jun. 8, 201; hereinafter the same shall apply), Article 239 (2) 2 and 444 (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes to the crime;
1. The Commercial Concurrent Crimes Act.